As used in the Water Quality Act:

A. "gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers;

B. "water contaminant" means any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water. "Water contaminant" does not mean source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954;

C. "water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or to unreasonably interfere with the public welfare or the use of property;

D. "wastes" means sewage, industrial wastes or any other liquid, gaseous or solid substance that may pollute any waters of the state;

E. "sewer system" means pipelines, conduits, pumping stations, force mains or any other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;

F. "treatment works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes;

G. "sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;

H. "water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

I. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

J. "commission" means the water quality control commission;

K. "constituent agency" means, as the context may require, any or all of the following agencies of the state:

(1) the department of environment;

(2) the state engineer and the interstate stream commission;

(3) the department of game and fish;

(4) the oil conservation commission;

(5) the state parks division of the energy, minerals and natural resources department;

(6) the New Mexico department of agriculture;

(7) the soil and water conservation commission; and

(8) the bureau of geology and mineral resources at the New Mexico institute of mining and technology;

L. "new source" means:

(1) any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance applicable to the source; or

(2) any existing source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;

M. "source" means a building, structure, facility or installation from which there is or may be a discharge of water contaminants directly or indirectly into water;

N. "septage" means the residual wastes and water periodically pumped from a liquid waste treatment unit or from a holding tank for maintenance or disposal purposes;

O. "sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility that is associated with the treatment of these wastes. "Sludge" does not mean treated effluent from a wastewater treatment plant;

P. "substantial adverse environmental impact" means that an act or omission of the violator causes harm or damage:

(1) to human beings; or

(2) that amounts to more than ten thousand dollars ($10,000) damage or mitigation costs to flora, including agriculture crops; fish or other aquatic life; waterfowl or other birds; livestock or wildlife or damage to their habitats; ground water or surface water; or the lands of the state;

Q. "federal act" means the Federal Water Pollution Control Act, its subsequent amendment and successor provisions;

R. "standards of performance" means any standard, effluent limitation or effluent standard adopted pursuant to the federal act or the Water Quality Act; and

S. "produced water" means a fluid that is an incidental byproduct from drilling for or the production of oil and gas.

History: 1953 Comp., § 75-39-2, enacted by Laws 1967, ch. 190, § 2; 1970, ch. 64, § 1; 1971, ch. 277, § 49; 1973, ch. 326, § 1; 1977, ch. 253, § 73; 1993, ch. 291, § 2; 2001, ch. 246, § 13; 2003, ch. 7, § 1; 2019, ch. 197, § 10.

Cross references. — For the federal Water Pollution Control Act, see 33 U.S.C.. § 1251 et seq.

For the federal Atomic Energy Act of 1954, see 42 U.S.C. § 2011 et seq.

The 2019 amendment, effective July 1, 2019, defined "produced water" as used in the Water Quality Act; and added Subsection S.

Applicability. — Laws 2019, ch. 197, § 12 provided that the provisions of Laws 2019, ch. 197 apply to contracts entered into on and after July 1, 2019.

The 2003 amendment, effective March 10, 2003, added present Subsection A and redesignated the subsequent subsections accordingly; and inserted "federal" preceding "Atomic Energy Act" near the end of Subsection B.

The 2001 amendment, effective June 15, 2001, in Paragraph J(5), substituted "parks" for "park and recreation"; in Paragraph J(8), substituted "geology" for "mines" and made stylistic changes.

The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "that could alter if discharged or spilled" for "which alters", inserted "or radiological", added the second sentence, and made a minor stylistic change; made a minor stylistic change in Subsection C; substituted "plant" for "plat" in Subsection E; rewrote Subsection H; in Subsection J, in Paragraph (1), deleted "environmental improvement division of the health and environment" preceding "department" and inserted "of environment" following "department", deleted "New Mexico" preceding "department" in Paragraph (3), substituted "division of the energy, minerals and natural resources department" for "commission" in Paragraph (5), substituted "soil and water" for "state natural resource" in Paragraph (7), in Paragraph (8), deleted "New Mexico" preceding "bureau" and added the language following "mines"; in Subsection K, added the Paragraph (1) designation, added Paragraph (2), and made a minor stylistic change; and added Subsections L through Q.

Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — What are "navigable waters" subject to Federal Water Pollution Control Act (33 U.S.C.A. § 1251 et seq.), 160 A.L.R. Fed. 585.